Bombay High Court
Dhajraj S/O. Narayanrao Kawale vs State Of Mah. Thr. Pso, Sewagram, Tahsil ... on 22 January, 2024
Author: M. W. Chandwani
Bench: M. W. Chandwani
1 appa1110.23.O.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APPA) NO.1110 OF 2023
IN
CRIMINAL APPEAL NO.678 OF 2023
(Dhajraj s/o Narayanrao Kawale Vs. State of Maharashtra thr. PSO PS Sewagram,
Tah. & Dist. Wardha)
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Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
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Mr. Mahesh Rai, Advocate for Applicant.
Mr. H. D. Futane, APP for Non-Applicant/State.
CORAM: M. W. CHANDWANI, J.
DATE: 22nd JANUARY, 2024.
The applicant seeks suspension of substantive
sentence imposed by impugned order dated 03.08.2023 in
Sessions Case No.103/2016.
2. The applicant has been convicted for offence
punishable under Section 307 of IPC and is sentenced to
suffer rigorous imprisonment for five years and to pay fine
of Rs.6000/- in default to suffer simple imprisonment for six
months.
3. It is contended by the learned counsel for the
applicant that the applicant has been falsely implicated in
this case and the trial court has not appreciated the evidence
in its proper perspective. According to complainant, he
sustained two injuries whereas the Doctor deposed that one
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injury was on the neck. He submits that it is not case of 307
of IPC as there was no intention of the applicant to kill the
injured. He submits that the eye witness admitted in
cross-examination that he has not seen the incident.
According to the learned counsel, the appeal will take
considerable time, therefore, the substantive sentence be
suspended pending the appeal.
4. Per contra, the learned APP objected the
application on the ground that the assault was made by the
applicant on the neck of the victim twice which itself goes to
show the intention of the applicant. Therefore, according to
him, the Court has rightly convicted the applicant for
offence punishable under Section 307 of IPC. According to
him, there is no ground available with the applicant which
could help him in succeeding the appeal. Therefore, the
application may be rejected.
5. The applicant has been sentenced for fixed term
of five years. No doubt the injured has deposed about the
alleged two injuries by knife, however, evidence of Doctor
reveals that the injured was having only one injury. The eye
witness projected by the prosecution has deposed in his
cross-examination that he has not seen any incident.
An arguable case is made out. The sentence is for fixed term
of five years, the applicant is in jail since 03.08.2023 from
the date of judgment. The position will not be reversible in
case the appellant succeeds in appeal. In these facts and
circumstances of the case, a case is made out for suspension
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of sentence. Hence, this order.
5. The application is allowed. Pending the appeal
and the substantive sentence in Sessions Case No.103/2016
shall remain suspended.
6. The applicant shall be released on bail on
furnishing P.R. bond in the sum of Rs.15,000/- with one
solvent surety in the like amount.
7. The applicant shall deposit amount of fine before
the trial court on or before the date of furnishing surety.
8. The applicant shall appear before this Court on
the date of final hearing of appeal.
9. The application is allowed and disposed of.
JUDGE
NSN
Signed by: Mr. N.S. Nikhare
Designation: PA To Honourable Judge
Date: 23/01/2024 18:40:07
